Legal Opinion

People ex rel. Horvay v. Board of Education

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1914PublishedCited by 1 opinion

Appeal from part of an order of the Supreme Court, entered in the Hew York county clerk’s office on the 16th day of June, 1914, as resettled by an order entered on the 3d day of July, 1914, granting an alternative writ of mandamus.

1Per curiam

It affirmatively appears that the relator was dismissed for lack of work and that no one was appointed in his place, and that his name was placed in the proper position upon the civil service list. It is clear that he has no right to be reinstated in a position in which there was no work for him to do. The order appealed from must, therefore, be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Present—Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten…

2Cited by1 opinion

  1. People ex rel. Kaufman v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1915

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